All Roll Calls
Yes: 163 • No: 0
West VirginiaSB 5752026 Regular SessionSenate
Relating to refusal review hearings
Sponsored By: Jason Barrett (Republican)
Signed by Governor
§17A-2-20§17C-5-7A
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 1 costs, 2 mixed.
License revocation terms after test refusal
When a court finds you refused the test, the DMV revokes your license. First time: either 1 year, or 45 days plus 1 year in the Alcohol Test and Lock Program. Second time: 10 years, with possible reissue after 5 years under state law. Third or more: life revocation. The revocation runs at the same time as any DUI-related suspension under §17C-5A-2. The court clerk sends the order to the DMV, and the DMV mails you the revocation order with the reasons and the length.
30 days to request refusal hearing
At your first court appearance, the judge warns you about license loss. You have 30 days to ask for a refusal review hearing. If you do not ask in time, the court must find you refused the test. If you ask in time, the court holds a hearing and reviews the officer’s statement and all evidence. The court must find four things by a preponderance of the evidence; if any are missing, it finds no refusal and the DMV cannot revoke on that basis.
Who represents the state at hearings
A county prosecutor or city lawyer must attend refusal review hearings to represent the state. Those hearing duties belong to local prosecutors or city lawyers, not the DMV Commissioner. The DMV is not a party in these hearings, and local prosecutors are not counsel for the DMV. The Attorney General and local government lawyers still must provide legal help to the DMV Commissioner for other duties in this chapter, without extra pay.
Sponsors & Cosponsors
Sponsor
Jason Barrett
Republican • Senate
Cosponsors
Vince Deeds
Republican • Senate
Tom Willis
Republican • Senate
Roll Call Votes
Senate vote • 3/14/2026
Senate concurred in House amendments and passed bill (Roll No. 658)
Yes: 34 • No: 0
House vote • 3/13/2026
Passed House (Roll No. 539)
Yes: 96 • No: 0
Senate vote • 2/19/2026
Passed Senate (Roll No. 147)
Yes: 33 • No: 0
Bill Text
Committee Substitute
Enrolled
Introduced Version
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